Private International Law (Implementation of Agreements) Act 2020
Jurisdiction | UK Non-devolved |
Citation | 2020 c. 24 |
Year | 2020 |
(1) In the Civil Jurisdiction and Judgments Act 1982 (“the 1982 Act”) , in subsection (1) of section 1 (interpretation of references to the Conventions etc) insert at the appropriate place—
- “the 1996 Hague Convention” means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children concluded on 19th October 1996 at The Hague;
- “(1) The 1996 Hague Convention shall have the force of law in the United Kingdom.
- (2) For the purposes of this Act the 1996 Hague Convention is to be read together with the following declarations made by the United Kingdom on 27th July 2012—
- (a) the declaration under Article 29 of the Convention, concerning applicable territorial units;
- (b) the declaration under Article 34 of the Convention, concerning communication of requests under paragraph 1 of that Article;
- (c) the declaration under Article 54 of the Convention, concerning the use of French.
- “appropriate national authority” means—
- (a) in relation to England and Wales, the Secretary of State;
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(b) in relation to Scotland—
- (i) the Scottish Ministers, or
- (ii) the Secretary of State acting with the consent of the Scottish Ministers;
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(c) in relation to Northern Ireland—
- (i) a Northern Ireland department, or
- (ii) the Secretary of State acting with the consent of a Northern Ireland department;
- “international agreement” means a convention, treaty or other agreement to which the United Kingdom is, or is expected to become, a party;
- “private international law” includes rules and other provisions about—
- (a) jurisdiction and applicable law;
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(b) recognition and enforcement in one country or territory of any of the following that originate in another country or territory—
- (i) a judgment, order or arbitral award;
- (ii) an agreement, decision or authentic instrument determining or otherwise relating to rights and obligations;
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(c) co-operation between judicial or other authorities in different countries or territories in relation to—
- (i) service of documents, taking of evidence and other procedures, or
- (ii) anything within paragraph (a) or (b) ;
- “relevant international agreement” has the meaning given in subsection (1) ;
- “relevant territory” means—
- (a) the Isle of Man;
- (b) any of the Channel Islands;
- (c) a British overseas territory.
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